Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-08
INFoR NATION
....FoR....
OWNERS AND LOcAT0Rs
MI IL III 81
APPLICATION FOR PATENT,

VI. record, and can neither be Withdraw vi
returned, but must be transmitted to tbs nor
erhl Land ONCE. ' oen
An application will be rejected when N.
scI.ptlon vi the premises IL erroneous 4.
sufficient.
cause: N'es'ec De-
First The notice was publlshea withou..
knowledge of the Register,
~Second-The notice was not nphI,shas
designated as published nearests.
Ihird-hecord title was found defects
Fourth--A previous application b.a
made for the same premises, which wss vosa
drawn pending q suit in Court Commence -
the adverse claimant. oy
An application for patent will be re,s.,.,
when the survey does not accurateIv dssy -.
boundaries OF the claim. N'AHetae
Where the claim was not located in Accord
ance with law socofd.
Where several parties own separate and A.
.lnct poraiSns OF q claim, application 10,
patent may be made by either for To Al po,tion
Of the claim owned by him: but wha,s po.aol
parties own undivided interests in . oin1s.
claim all should join in an application for
patent.
A person or association may purchase IA
many placer locations as the local law sdT,,s
aud embrace them all In one application fosI
patent.
Two or more lodes cannot be embr.caa, q
one application for a patent except for nIscss
claims embracing two OF more lodss x,,hta
their boundaries Nn
Papers sworn to before any person np,no,,.
Ing to act a. a deputy for the Register and re.
ceiver cannot be recorded % evidence.
In all patents for mining claims s;tr.,aa
within the interior boundaries OF ! town 80
+ clause Is inserted excepting and eYc,ndino
all town property, rights upon the a,rS.cs
and all houses, buildings, structures lo,s
blocks, streets, alleys or other municipsl I'M
provements not belonging to the grantee here.
in, and all rights necessary or proper 10 tba
occupation, possession and enjoyment OF ths
same"
Publication of notice must be made n only
one newspaper for the period Of 50 dsys'
Notice must be published 10 conseen,iva
weeks in weekly newspapers, and IN dsiiv
newspapers 60 days must elspse between ne
first and last insertions.
Where the Register designstes the daily ssue
Of q newspaper fer publication Of notices Of
mining application for patentit is not a com.
| pliance with law 10 change to the weekly edi.
uon OF the same paper without authority Of
the Register.
The existence OF o salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing a
for the purpose OF proving the agricultural
character of such lsnd1 IL not allowed. Land
containing valuable deposits OF slate may DO
entered under the mining Acts.
ADvERsE CLAIMS.
Adverse claimants must file a separate and
distinct claim against each application which
1t is alleged CONFLICTS with the premises owned
by such adverse claimant.
| The papers in an adverse claim, once fled,
cannot be Withdrawn, but becomes a part Of the
record.
When an adverse claim has been filed 1t can.
not be amended so rs to embrace n larger per.
ton of the premises than thst described In the
original adverse claim.
An adverse claim must be made out 10
proper form and filed In the proper local office
during the period of publication Of the applt
cation for the patent to be effective.
1t is the duty Of the adverse claimant 0
suit in proper form within the re-
quired time, and II he trusts abe uneer.as
medium OF the United States mail he mus
abide the consequences, should the def
ensue, through misfortune or accident. Shou
tue failure to IN suit be the result d
the corrupto or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, emb0dy.
ing conclusions of law, without stating the
facts specially, will not be considered In oyi-
dence.
An adverse claimant should show q compli.
ance with the local avs in recording his claim
and In regard to expenditures and shall ME
copy OF the original notice OF his location, and
show the nature or extent OF the conhici
alleged.
An allegation of parties TO q suit that theI
compose the company 10 SUFFICIENT, and they
are not required to prove that they are the
original locstors or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land ia Of little, If any value. for sgri.
cultural purposes, but 10 essential to TIE
proper development Of mining claims, II
should be disposed of under tho Mining Act
WhH~x lanAa containing UaluAhlA mineral
deposits have been included in an sgricuiturn
entry, said entry will be Cancelled at any time
prior to issuance of patent, upon satisfactory
evidence of the existence of such valuable de-
posits.
Where valuable deposits Of mineral are dis
covered upon a tract after the same ias been
entered as agricultural, but before ! aenf mas
been issued, tho parties claiming the mine
may make application for patent for same,
and the agricultural entry Will be Cancelled %
that portion of the land embraced BY saia
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
issued to On agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes = cia.es
before disposing OF the mine. Proof tnss ~
/ party WAS not q citizen before disposlng OF Il"
| claim must be afirmatively shown.
Locstors and intermediate owners vs
than applicants, will not be presumed aheum,
| In the absence Of allegation or objection PR"
to issuAnc Of patent. ar
The portion of o mining claim soio W
alien cannot be patented while such own%
an alien: but on HIS declarationi o peerSs
citizen his right dates back to his pu.s u,.va
aud he may thereupon secure uhi'ea"
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 1885: ,m.sst
Where two or more lodges cross OF lns md
each other, priority OF title shall govern are
such prior location shall be entitled 70 n,sr.
or mineral Confined within the space o. have
section. but the subsequent location sns ~ inter.
the right OF way through the space . anisut
section for the purpose OF the = : more
working OF the mine. And where w. hall
veins unite the oldest or prior locauvI IN.
| take the vein below the point OF unioA'
| GLIDING all the space of intersection.
TUNNELS.
There is no authority Of law FOR : n III
| location 8, 900 by l 800 feet. A proper .o'
| is the width of the tunnel for 3,OOO ieel. ine
There is no provision OF law for pst 81 nm.
| tunnel locations, but lodes discovered mar
| ming q tunnel may be patented In Ike "'A'